The URL can be used to link to this page

Home My WebLink About2005-07-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JULY 18, 2005 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER•PLAZA SANTA ANA, CALIFORNIA 6:20 P.M. ATTENDANCE: Councilmembers present: MAYOR PULIDO CLAUDIA ALVAREZ LISA BIST CARLOS BUSTAMANTE MIKE GARCIA JOSE SOLORIO ALBERTA CHRISTY STAFF Present: DAVE N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Christy Pulled Item 13.D. • Councilmembers Bustamante and Solorio Pulled Item 13.C. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) CITY COUNCIL MINUTES 256 JULY 18, 2005 CONSENT CALENDAR ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through C.) 10.A. SPECIAL MEETING OF JUNE 24, 2005 10.13. ADJOURNED REGULAR MEETING OF JULY 5, 2005 10.C. REGULAR MEETING OFJULY 5, 2005 ORDINANCES SECOND READING 11.A. ZONING ORDINANCE AMENDMENT NO. 2005-01 — 3000 AND 3100 WEST MACARTHUR BOULEVARD Placed on first reading at the July 5, 2005 Council Meeting and approved by a 6-0 vote (Bist absent) Published in the O. C. Reporter on July 8, 2005 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2684 - An ordinance of the City Council of the City of Santa Ana Amending Specific Development No. 58 (SD-58) (ZOA No. 2005- 01) 11.13. ZONING ORDINANCE AMENDMENT NO. 2005-02 - 100 SOUTH MAIN STREET Placed on first reading at the July 5, 2005 Council Meeting and approved by a 6-0 vote (Bist absent) Published in the O. C. Reporter on July 8, 2005 Motion: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 257 JULY 18, 2005 CONSENT CALENDAR ORDINANCE NO. NS-2692 - An ordinance of the City Council of the City of Santa Ana amending Specific Development No. 72 (SD-72) to allow outdoor special events, to amend restaurant hours of operation, to increase the number of musicians, and to amend the outdoor live entertainment hours of operation BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT—JULY 13, 2005 Motion: Instruct Clerk to enter report into the Minutes._ BOARD/COMMISSION VACANCIES Community Redevelopment / 2 Housing Commission Environmental Transportation Advisory Committee (ETAC) 1 Youth Commission —Alternate 2 Human Relations Commission 1 TOTAL BOARD/COMMISSION Board of Parks & Recreation Community Redevelopment/ Housing Commission Environmental and Transportation Committee Library Board Personnel Board Planning Commission Youth Commission — Regular Youth Commission — Alternate TOTAL 13.13. COUNCIL COMMITTEE REPORTS 6 EXPIRED k14C7iTiR= S WARD Sr. Tenant & Tenant Santa Ana Chamber 1&4 5 WARD 1 1 & Mayor 1 5 2 5 & Mayor 2 1 &Mayor 1 3 1 3 11 Committee Name Date Neighborhood Improvement/Code Enforcement 05/24/05 Continued from the June 20, 2005 City Council Meeting by a vote of 7-0 and July 5, 2005 City Council Meeting by a vote of 6-0 (Bist absent) CITY COUNCIL MINUTES 258 JULY 18, 2005 Motion 13.D. CONSENT CALENDAR Appointment of Rigoberto Rodriguez to the Planning Commission recommended by Councilmember Solorio as the Ward 1 representative for a full -term expiring on November 30, 2008 Continue matter for 30 days. MOTION: Bustamante SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BOARD MEMBER REMOVAL Removal of Ward 4 representative from the Planning Commission Steve McGuigan, Rob Richardson and Mike Macres spoke in opposition to removal of the Ward 4 representative from the Planning Commission Motion: Continue matter for 30 days. MOTION: Garcia SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. CITY COUNCIL MINUTES 259 JULY 18, 2005 CONSENT CALENDAR Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.H.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 07/05/05 6/29/05 4:15 p.m. 15.6. Revised City Council Agenda 07/05/05 7/01/05 5:05 p.m. 15.C. Adjourned Regular Meeting -Closed Session 7/05/05 7/01/05 5:05 p.m. Council Committee Agendas Meeting Date Posted Time 15.D. Neighborhood Improvement/Code Enforcement 06/28/05 06/24/05 11:20 a.m. 15.E. Park Development, Recreation Programs and Education Partnerships, Cancellation Notice 07/05/05 06/24/05 11:20 a.m. 15.F. Main Street Development 07/07/05 07/01/05 5:05 p.m. 15.G. Public Safety 07/11/05 07/08/05 1:00 P.M. Boards/Commission Resignation Effective Posted Time 15.H. Ernest Figueroa, Human Relations Commission 06/14/05 07/11/05 1:20 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Chaplain Ulysses Downing Jr., Command Chaplain, Camp Pendleton Service 7/03/05 16.13. Pastor Bob Orr, 5th Anniversary with 151 Baptist Church 7/03/05 16.C. Debra Kurita Farewell 7/08/05 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT - None 19.6. EXCUSED ABSENCES - None BUDGETARY MATTERS CITY COUNCIL MINUTES 260 JULY 18, 2005 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. (22.A. through 22.F.) 22.A. SPEC. NO 02-060 - MISCELLANEOUS COLOR PLANTS AND NURSERY SUPPLIES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contracts for a one-year period in the annual amounts as follows: Vendor: Amount: D and N Plants $10,000 Village Nurseries $25,000 22.B. SPEC. NO. 02-090 - WATER RESOURCES PIPE - PUBLIC WORKS AGENCY - Renew the contract with Hughes Supply, formerly Marden Susco for a one-year period in an annual amount not to exceed $25,000 - Finance and Management Services Agency 22.C. SPEC. NO. 04-127 - EQUIPMENT RENTAL AND CONCRETE - Amend the contracts to increase the aggregate limit by $35,000 for an annual amount not to exceed $70,000 with the following vendors: Vendor: Location: Rental Service Corporation Santa Ana Sunstate Equipment Co. LLC Anaheim United Rentals North West Inc. Santa Ana 22.D. SPEC. NO. 05-066 - ASPHALT CONCRETE MATERIALS - PUBLIC WORKS AGENCY - Award a contract to Vulcan Materials Co., a Santa Ana vendor, for a one-year period with provision for three one-year renewals in an annual amount not to exceed $100,000 - Finance and Management Services Agency 22.E. SPEC. NO. 05-072 - MISCELLANEOUS CONSTRUCTION MATERIALS - Award contracts for a one-year period, with provision for four one-year renewals, in the following annual amounts not to exceed: Vendor: Location: Amount: The Home Depot Santa Ana $95,000 Ganahl Lumber Company Buena Park $25,000 22.F. SPEC. NO. 05-078 - REPLACEMENT POLICE PATROL SEDANS - Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of Los Angeles County in the amount of $294,003.90 - Finance and Management Services Agency CITY COUNCIL MINUTES 261 JULY 18, 2005 ..CONSENT CALENDAR AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.1.) 25.A. AGMT 2005-191 - 9 -1-1 EMERGENCY PHONE SYSTEM -With Positron Inc. in an amount not to exceed $225,000 - Police Department 25.6. AGMT NO. 2005-192 - SEXUAL ASSAULT EVIDENCE COLLECTION - Renew the agreement with Anaheim Memorial Medical Center - Police Department 25.C. AGMT NO. 2005-170 - DIAGNOSTICS FOR VETERINARY LABORATORY SERVICES - With Antech Diagnostics for a one-year period in an amount not to exceed $13,000 - Parks, Recreation & Community Services Agency 25.D. AGMT NO. 2005-171 - NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM INSPECTION SERVICES - Execute an amendment to the agreement with Geomatrix Consultants Inc. in the amount of $100,000 for a total contract in the amount of $500,000 - Public Works Agency 25.E. AGMT NO. 2005-172 - NEWPORT BAY WATERSHED - Authorize an annual amount not to exceed $300,000 pursuant to the Newport Bay Watershed Cooperative Agreement with the County of Orange - Public Works Agency 25.F. AGMT NO. 2005-173 - CITY FACILITY IMPROVEMENTS - Execute a second amendment to the agreement with Dougherty + Dougherty in an amount of $760,000 for a total agreement not to exceed $921,090 - Public Works and Community Development Agencies 25.G. AGMT NO 2005-174 - COLLECTION AND RECYCLING HOUSEHOLD HAZARDOUS WASTE - Execute an amendment to the agreement with Curbside Inc. - Public Works Agency 25.H. AGMTS - WORKFORCE INVESTMENT ACT YOUTH PROGRAM SUBCONTRACTORS -Community Development Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMT NO. 2005-175 - Execute an amendment to extend the contract with the Boys & Girls Club of Santa Ana to provide leadership training and CITY COUNCIL MINUTES 262 JULY 18, 2005 CONSENT CALENDAR work experience for in -school youth through September 30, 2005, and to increase the amount of the agreement by $13,154 not to exceed $141,904 AGMT NO. 2005-176 - Execute an amendment to extend the contract with the California Hispanic Commission on Alcohol and Drug Abuse to assist youth with substance abuse problems and to find jobs through September 30, 2005, and to increase the amount of the agreement by $16,741 not to exceed $183,125 AGMT NO. 2005-177 - Execute an amendment to extend the contract with the Orange County Conservation Corps to provide paid on-the-job training to high school dropouts through September 30, 2005, and to increase the amount of the agreement by $29,895 not to exceed $354,582 AGMT NO. ,2005-178 - Execute an amendment to extend the contract with the Santa Ana Unified School District to provide mentoring and paid work experience to in -school youth through September 30, 2005, and to increase the amount of the agreement by $21,524 not to exceed $249,918 AGMT NO. 2005-179 - Execute an amendment to extend the contract with Taller San Jose Tech to provide paid training in the construction field through September 30, 2005, and to increase the amount of the agreement by $11,958 not to exceed $123,973 AGMT NO. 2005-180 - Execute an amendment to extend the Memorandum of Understanding with Santa Ana Work Center (Service Navigator) to coordinate youth service provider network services through September 30, 2005, and to increase the amount of the agreement by $14,620 not exceed $270,005 25.1. AGMTS - FEDERAL EMPOWERMENT ZONE DAISY WHEEL NETWORK PROGRAM - Community Development Agency Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. - 2006-02 - Recognizing $980,000 in Federal Empowerment Zone funds awarded to the Santa Ana W/O/R/K Center for a Federal Empowerment Zone Daisy Wheel Network Program 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. CITY COUNCIL MINUTES 263 JULY 18, 2005 CONSENT CALENDAR AGMT NO. 2005-181 - Execute an amendment with the Santa Ana Empowerment Corporation in the amount not to exceed $980,000 for the 2005-06 Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-182 - With Catholic Charities of Orange County in an amount not to exceed $73,080 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-183 - With Delhi Community Center in an amount not to exceed $73,900 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-184 - With Mexican American Opportunity Foundation in an amount not to exceed $81,630 for vocational/occupational training and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-185 - With Orange County Conservation Corps in an amount not to exceed $60,660 for education and employment strategies under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-186 - With Taller San Jose in an amount not to exceed $79,770 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-187 - With Templo Calvario in an amount not to exceed $67,500 for employment strategies and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-188 - With The Academia in an amount not to exceed $50,000 for education and employment strategies under the Federal Empowerment Zone Daisy Wheel Network Program AGMT NO. 2005-189 - With The Cambodian Family in an amount not to exceed $85,629 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program LAND USE MATTERS CITY COUNCIL MINUTES 264 JULY 18, 2005 CONSENT CALENDAR CONDITIONAL USE PERMIT / VARIANCES 31.A. AMENDMENT TO VARIANCE NO. 2005-01 - 801 NORTH ROSS STREET Filed by Hossein Malakooti, to facilitate the construction of a new two- story office building at 801 North Ross Street Recommended action approved by the Planning Commission at its June 27, 2005 meeting by a vote of 5-0 (Gartner and Nalle absent) Applicant: Hossein Malakooti Motion: Receive and file the staff report approving amendment to Variance No. 2005-01 as conditioned. *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES 50.A. EMERGENCY ORDINANCE REGULATING MEDICAL MARIJUANA DISPENSARY USES Motion: Approve a 45 day emergency ordinance that prohibits medical marijuana dispensary uses in the City of Santa Ana. ORDINANCE NO. NS-2693 — An emergency ordinance of the City Council of the City of Santa Ana adopting a 45 day temporary moratorium on the construction or establishment of a medical marijuana dispensaries MOTION: Alvarez SECOND: Christy VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 265 JULY 18, 2005 BUSINESS CALENDAR REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager The City Manager updated the Council on developments related to the Fourth District Court of Appeal. PUBLIC HEARINGS 75.A. CONDITIONAL USE PERMIT NO. 2004-23 - 2810% SOUTH FLOWER STREET Filed by SpectraSite Communications, Inc. representing Verizon Wireless, to allow wireless communications on a 60-foot high monopalm facility in the Open Space (0) zoning district at 2810% South Flower Street Set for public hearing at the April 18, 2005 City Council Meeting by a vote of 7-0 Legal notice published in the O.C. Reporter on May 6, 2005 and notices mailed Continued from the May 16, 2005 meeting by a vote of 6-0 (Christy absent) Continued from the June 20, 2005 meeting by a vote of 7-0 Motion: Continue the matter indefinitely per applicant's request. MOTION: Alvarez SECOND: Christy VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.13. RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CITY COUNCIL MINUTES 266 JULY 18, 2005 Motion 75.C. PUBLIC HEARINGS Public hearing for the purpose of affirming the Fiscal Year 2004-2005 Dangerous and Abandoned Buildings Program Report and authorizing transmittal of uncollected charges to the Office of Auditor -Controller, County of Orange Legal Notice published in the O.C. Reporter on July 8, 2005 and mailed Staff Report presented by Estella Rodarte, Senior Community Preservation Inspector, Planning and Building Agency Written Communication — None No public speakers; public hearing closed Adopt a resolution. RESOLUTION NO. 2005-072 - A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the costs of securing and demolition of various structures declared to be public nuisances; making, confirming and levying assessments for such costs; and ordering such costs to be recorded with the Orange County Recorder MOTION: Solorio SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2004- 2005 Public hearing for the purpose of affirming the Fiscal Year 2004-2005 Weed Abatement Report and authorizing transmittal of uncollected charges to the Office of Auditor -Controller, County of Orange Legal Notice published in the O.C. Reporter on July 8, 2005 and mailed Staff Report presented by Will Hayes, Public Works Maintenance Manager, Public Works Agency CITY COUNCIL MINUTES 267 JULY 18, 2005 PUBLIC HEARINGS Written Communication — None No public speakers; public hearing closed Motion: Adopt a resolution. RESOLUTION NO. 2005-073 - A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the costs of weed, rubbish and garbage abatement: making, confirming and levying assessments for such costs; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector MOTION: Solorio SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 6:45 P.M. COUNCIL RECONVENED AT 6:45 P.M. WITH SAME MEMBERS PRESENT WORK STUDY SESSION W.S.A. MEASURE M RENEWAL PROCESS — Presented by Jim Ross, Public Works Agency, Arthur Leahy, Chief Executive Officer, Orange County Transportation Agency and Monty Ward, Special Projects Manager, OCTA. Highlights of this presentation are as follows: • Measure M was approved by 55 percent of the voters in November 1990 after two failed attempts • '/z cent local transportation sales tax for twenty years • Total revenue estimated to be $4.2 Billion; revenue stops on April 1, 2011 • Measure M can be extended only with 2/3 majority voter approval • 43% of revenue from Measure M dedicated to freeways; 32% to Streets and Roads; and 25% transit CITY COUNCIL MINUTES 268 JULY 18, 2005 WORK STUDY SESSION • Measure M Safeguards include the following: o Spend only on voter approved transportation projects o Voters approve any major change o Separate trust fund o Independent Citizens Oversight Committee certifies compliance and approves amendments o Cities must use their available local funds to maintain roads o Cities must invest the funds as planned and adopt and follow plans to keep up their city streets and roads • Without Measure M the 1-5 would not have been done until 2015; there would be no El Toro "Y" improvements and no widening of the 55, 91 or 22 freeways • Without Measure M there would be $1 billion less invested in streets and roads, no Metrolink service and higher fares for seniors and the disabled • The City of Santa Ana has received $104,147,000 in Measure M funding to date • Streets widened and improved include: Bristol, Fairview/Edinger, and, 17th/SR-55/Santa Clara • Signals coordinated include: Downtown, MacArthur, Main Street, Bristol, and Harbor/Warner • Post Measure M funding, the local transportation budget decreases by $310 million in year one and cities lose more than 50 percent of local road maintenance funds • Extending Measure M requires a new investment plan approval by the city councils representing majority of incorporated population, Board of Supervisors, and two-thirds of OCTA Board plus two thirds majority voter approval • The next steps for getting Measure M extended include: o Community Input — now through Fall 2005 o Public reviews draft plan — December 2005 o OCTA revises Plan — December, 2005-April, 2006 o OCTA requests cities and county to endorse putting measure to voters — April, 2006 — June, 2006 o OCTA and Board of Supervisors take action to place measure on ballot — July, 2006 o Election — November 7, 2006 COMMENTS 90.A. PUBLIC COMMENTS Miguel Lucio addressed the Council and supported the extension of Measure M CITY COUNCIL MINUTES 269 JULY 18, 2005 CITY COUNCIL COMMENTS 90.13. CITY COUNCIL COMMENTS Councilmember Garcia • Announced the birth of his daughter, Sofia Paloma on Sunday, July 10, 2005. Sofia weighed 6 pounds, 12 ounces Councilmember Solorio • Congratulated Councilmember Garcia on the birth of his daughter ADJOURNMENT — 7:32 P.M. — To August 1, 2005 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 270 JULY 18, 2005